P RADHAKRISHNAN Vs. ANTO KUNJAPPA

JUDGEMENT

(1.) THIS appeal is filed against an order of acquittal.

(2.) THE appellant is the complainant. He filed a complaint before the Magistrate Court against first respondent, alleging offence under Section 138 of the Negotiable Instruments Act on the allegation that Rs.5,50,000/- was due from first respondent to the complainant and towards repayment of the said amount, he issued Ext.P1 cheque for the said amount. THE cheque, on presentation was dishonoured and a lawyer notice was issued. THE notice was accepted by accused, but no reply was sent and no payment was made. Hence, the complaint.

(3.) LEARNED counsel for appellant vehemently contended that the accused did not send any reply to the lawyer notice. He did not deny the transaction nor execution of the cheque at the earliest opportunity. He also did not probabilise his case and this fact is found by the trial court itself. In such circumstances, the appeal may be admitted, it is submitted.